The motion court providently exercised its discretion in denying the motion to consolidate two personal injury actions, as there are insufficient common questions of law and fact. One action sounds in negligence, arising from an assault by a student, while the other is a premises liability case alleging a defective door. While both actions involve the same plaintiff and defendants, the underlying facts and standards of liability are different. In addition, there is no danger of defendants in one case blaming the defendants in the other case for plaintiff's exacerbated injuries.
Betancourt v. City of New York, NY Slip Op 04119 (1st Dep't May 28, 2019)
Here is the decision.
